Renaker v. Smith

*644Opinion op the court by

JUDGE WHITE

Affirming.

The appellees by this action sought to recover judgment for damages for trespass and destruction of crops committed by the cattle of appellant. It is alleged that the cattle were turned into appellees’ fields, and that they came into the fields through gates left open by. and gaps left down by appellant in a fence along the line dividing the farms of appellees and appellant. The defense offered is a denial of each and every allegation of the petition, and in a second paragraph the appellant pleaded that by a contract in writing a division fence was…